The Wildlife Act: Managing For Sustainability In The 21st Century - Discussion Paper
Hunting, fishing, and trapping have enormous cultural, social and economic significance to First Nations throughout the province. First Nations also have unique constitutionally protected rights to hunt, fish and trap in a number of circumstances.
The Province is developing a New Relationship with First Nations and Aboriginal People that is shifting the way the Province and First Nations work together, and includes the exploration of collaborative approaches to wildlife management.
The Province is committed to respecting aboriginal rights and working cooperatively with First Nations on wildlife management issues. The Ministry has developed regional wildlife advisory processes in many regions of the province to actively engage First Nations in government-to-government discussions regarding wildlife management and allocation issues. The Ministry is engaged in several negotiations with First Nations to expand the number of these processes in other parts of B.C. Other provincial collaborative processes include information sharing agreements regarding harvest levels and species/habitat management information where First Nations' use of wildlife is a significant factor. These collaborations may be extended in the future to include cooperative inventory and research studies.
While many issues related to wildlife management are being addressed through these collaborative processes, they are not in use in all areas of the province, and they do not address all issues regarding First Nations harvest of wildlife. Current Wildlife Act provisions that specifically relate to First Nations are limited to licence exemptions. The Province will be conducting discussions with First Nations to determine how to improve the Wildlife Act with regard to First Nations related components specifically, and wildlife management in general.
The Wildlife Act is a law of general application and applies to all persons in B.C. unless they are specifically exempted from its operation by legislation.
The current Wildlife Act states that a person who resides in B.C. and is registered, or is entitled to be registered, as an Indian under the Indian Act (Canada) may:
- hunt wildlife without a hunting licence or any other licence that is required by regulation;
- trap furbearing animals without a trapping licence;
- angle in the non-tidal waters of B.C. without an angling licence or other licence or permit required by regulation; and
- hunt a fur-bearing animal on private land with the written permission of the owner or occupier, and on Crown land with the permission of the Crown or the occupier of the Crown land, despite the fact that they:
- are not the registered holder of the trapline for the area;
- do not have written permission of the registered holder of the trapline for that area;
- do not own or occupy that area; and
- do not have a permit to trap as required by regulation.
First Nations people are exempted from the application of the Wildlife Act in certain circumstances as a result of the recognition in section 35(1) of the Constitution Act, 1982 (Canada) of existing aboriginal and treaty rights. Court decisions have confirmed that the constitutionally protected First Nations right to hunt and fish for food, social and ceremonial purposes takes priority over non-First Nations uses of wildlife resources. In recognition of this right, First Nations people are not restricted to specific seasons or to bag limits when hunting, fishing or trapping within their traditional hunting areas for food, social, or ceremonial reasons.
First Nations and the Province may sometimes differ in their interpretation of where a First Nations hunter can hunt without seasonal restrictions or bag limits. This may reflect a lack of clarity or incomplete information concerning the boundaries of First Nations traditional territories. As well, different interpretations have sometimes led to uncertainty when the Province has attempted to enforce seasonal restrictions and bag limits.
Another source of uncertainty relates to First Nations’ reporting of wildlife harvesting. Since the majority of First Nations in B.C. do not report on their harvest practices or total take, the Ministry must estimate the harvest totals being taken by First Nations before determining sustainable levels for the non-First Nations harvest. The Ministry is concerned that these estimates may be inaccurate and, consequently, decisions based on these estimates could have undesirable effects on wildlife species. The sharing of First Nations wildlife harvesting information could result in a better understanding of actual wildlife harvest numbers and lead to improved management of wildlife species.
To support the New Relationship with First Nations and Aboriginal People, the Ministry is working with First Nations to build relationships that encourage the effective communication of harvest levels and enhance the management of wildlife and habitat. For example, the Ministry has been working with First Nations in various regions on a collaborative process aimed at a greater mutual sharing of information and a better understanding of mutual interests. The goal is to improve management outcomes in areas where First Nations use of wildlife is a significant factor. Such processes may include co-operative inventory and research studies, an ongoing liaison with Ministry staff on matters of management, and formalized information sharing between the Province and First Nations.
The Ministry is currently engaging with First Nations to determine how to cooperatively manage wildlife in a manner consistent with the constitutional recognition of First Nations hunting rights and the New Relationship with First Nations and Aboriginal People. This review provides an opportunity to set the foundation for developing and defining the New Relationship within the context of wildlife management.
